Rochester, N.Y., Code of Ordinances ch. 90 § 90-19

A. Declaration of legislative findings. (1) Graffiti on public and private property is a blighting influence which not only depreciates the value of the property which has been the target of such graffiti but also depreciates the value of the adjacent and surrounding properties and, in so doing, negatively impacts upon the entire community. The City has in the past undertaken to remove graffiti from public property but has been unable to mount successful programs for encouraging the owners of private property to undertake to remove graffiti from walls, buildings, structures and other surfaces. (2) The Council finds that graffiti is a public nuisance and, unless promptly removed from public and private properties, tends to remain and to attract more graffiti; other properties are then the target of graffiti. The City Council therefore determines that it is appropriate that the City of Rochester develop procedures to cause graffiti to be swiftly removed from public and private property under the circumstances set forth hereinafter. Through the adoption of this section, it is the Council's intent and purpose to reduce blight and deterioration within the City and to protect the public health and safety and to provide additional tools to protect public and private property from acts of graffiti vandalism and defacement. The Council does not intend for this section to conflict with any existing anti-graffiti state laws. B. Definitions. As used in this section, the following terms shall have the meanings indicated. Where there is a conflict with the definitions found in § 90-3 , the definition found herein shall apply to this section. COMMISSIONER The Commissioner of Environmental Services or his or her designee. GRAFFITI Any unauthorized inscription, word, figure, marking or design, painting and/or other defacement that is written, marked, etched, scratched, sprayed, drawn, painted, posted, pasted, glued or engraved on or otherwise affixed to any surface of public or private property without the prior written consent of the owner of the property or the owner's authorized agent, except for marks placed on legal walls. INDECENT MARK A mark that portrays sexual or excretory activities and organs in a manner that is patently offensive as measured by contemporary community standards. LEGAL WALL A surface identified by the City where individuals may place their graffiti marks and not violate this chapter. OBSCENITY As defined in § 235 of the New York State Penal Law. PRIOR WRITTEN CONSENT For purposes of graffiti, written consent secured from the owner of the property or the owner's authorized agent, contained on a form prescribed by the Commissioner and registered with the City pursuant to this section prior to the application of the graffiti. C. Graffiti is a public nuisance and is prohibited. (1) It shall be unlawful for any person to apply graffiti to any surface on any public or private property. (2) The existence of graffiti on public or private property is a public nuisance and, therefore, is subject to removal and abatement provisions specified in this section. (3) It is the duty of the occupant, lessee, agent and owner of the property to which the graffiti has been applied to keep the property clear of graffiti at all times. D. Removal or covering of graffiti. (1) Requirement to remove graffiti. Any person applying graffiti on public or private property shall have the duty to properly remove or cover the graffiti, or pay for the same, within 24 hours after notice by the City or the private owner of the property involved. Where the graffiti is applied by an unemancipated minor, the parents or legal guardian of such minor shall be responsible for the proper removal or covering or for payment for the same. (2) Removal of graffiti by the property owner or City. If graffiti is not properly removed or covered by the applicator according to § 90-19D(1) , graffiti shall be properly removed or covered pursuant to the following provisions: (a) The occupant, lessee, agent and property owner of any premises on which there is any form of graffiti shall be required to properly remove or cover the graffiti within 10 business days after notice from the City. (b) Removal of graffiti by City on private property. Due to budgetary and safety concerns, City employees may only remove or cover graffiti on a privately owned premises once a calendar year, only if it is on the first floor, and only if written consent is provided by the property owner or duly authorized agent on a form provided by the Commissioner within 10 business days after the initial notice from the City. (3) Summary removal of obscene or indecent marks. The City shall continue to summarily remove or cover obscene or indecent marks which are visible to the public on public or private properties. E. Registry. (1) The Commissioner shall maintain a registry of all graffiti and prior written consent forms in the City of Rochester. The registry shall contain the property address, photographs of the graffiti, the date it was first identified and the date it was removed, and copies of any written consent forms searchable by the property address, by the author or by the mark. (2) Prior to the removal or covering of any graffiti, the person removing or covering the graffiti shall take photographs of the graffiti and forward them to the Commissioner. F. Identification of legal walls. The Commissioner may establish a program in which legal places for graffiti artists to temporarily place their marks are identified and permitted. If such a program is established, the Commissioner is authorized to establish rules and regulations governing the program. No artistic rights shall be created through the application of graffiti on legal walls. Permission to place marks on the legal walls is conditioned upon the City reserving the right to remove or cover any and all marks without any prior notice. Prior written consent by the City to apply graffiti to legal walls is not required.